Relevant provisions of WTO Agreements relating to food safety issues

Overview of WTO Agreements relevant to food safety issues

Several Agreements in the WTO regime can be applied to food safety issues. The GATT 1994 generally prohibits quantitative restrictions of trade by way of import quota or any other form (Art. XI GATT) and the imposition of tariffs above the concession rate (Art. II GATT). It also prohibits Members from imposing a measure favoring its own products in discrimination of products of another Members if those products are “like products” (especially Art. III, para. 4 GATT). This principle is called the national treatment principle. A Member is prohibited from imposing a measure which favors a product of another Member in discrimination of products of third Members if those products are like products. This principle is called the most-favored-nation treatment (Art. I GATT). A state may engage in restrictions of import of foods for food safety reasons and, if that state is a Member of the WTO, this creates a tension between this measure and the above provisions of the GATT. However, Article XX of the GATT 1994 provides certain exceptions from the above prohibitions even if a measure falls under one of such prohibitions provided that the requirements of Article XX are satisfied. Therefore, as regards the GATT 1994, a critical question is to decide the conditions under which a measure which restricts trade but is designed to protect food safety is exempt from the disciplines of the GATT 1994.